People who commit domestic violence can be banned from contact for 3 days

On the afternoon of May 27, reporting to the National Assembly on the draft Law on Prevention and Control of Domestic Violence (amended), Minister of Culture, Sports and Tourism Nguyen Van Hung said that domestic violence is still a problem. thorny, perplexing problem. In many cases, domestic violence acts with serious harm, complicated, sophisticated, unpredictable and difficult to handle by current legal regulations.

According to statistics of the Ministry of Culture, Sports and Tourism, in the period of 2009 – 2021, the total number of domestic violence cases detected across the country is 324,641 cases. The national survey of violence against women conducted in 2019 by the Ministry of Labour, Invalids and Social Affairs, General Statistics Office, and the United Nations Population Fund in Vietnam showed that 31.6% of women suffered At least one form of violence in the 12 months (from the time of survey), nearly 1 in 3 women (32%) experienced physical/or sexual violence by their husbands.

Notably, 90.4% of women experiencing physical and/or sexual violence by their husbands did not seek help, only 4.8% sought help from the police. The results of this survey show that in 2019, domestic violence against women caused a loss of 1.8% of GDP (an increase of 0.2% compared to 2012). Compared with the survey data conducted in 2009, the number of domestic violence cases in Vietnam has also increased.

One of the basic causes of the above situation is that the current regulations and policies in the Law on Domestic Violence Prevention and Control still have many shortcomings and are not suitable with the development reality of Vietnamese society. South current period. There are also many limitations in the implementation of the Law, especially in the area of ​​responsibility and inter-sectoral cooperation in domestic violence prevention and control. This partly comes from the organization and implementation of the localities, but also due to the lack of appropriate contents, policies and regulations in the current Law. In addition, many important guidelines and policies of the Party and State promulgated in recent years also need to be concretized in the Law on Prevention and Control of Domestic Violence.

According to the report, this bill amends and supplements provisions on measures to prevent acts of domestic violence and to protect and support victims of domestic violence. Accordingly, the person who commits the violent act may be forced to immediately stop the violent act, prohibited from contacting, requested to go to the commune police office or be applied measures to prevent and handle administrative violations. protect victims according to criminal procedure law.

According to the bill, the chairperson of the commune-level People’s Committee is entitled to issue a decision to ban contact for no more than 3 days at a time when the victim, guardian or legal representative requests a ban on contact and acts of violence that cause harm. harm or threaten harm to the health or life of the victim of violence.

Persons banned from contact must keep a distance from the violent person during the time of prohibition of contact from 50m or more, if violated, they will be detained. Victims of violence have the right to choose where to stay during the time of no contact.

The draft law abolishes the requirement that domestic violence sufferers must write a petition to apply a ban on contact, to replace it with a provision “requiring a ban on contact” to both ensure respect for the rights of the victim of domestic violence and reduce administrative procedures causing difficulties for victims of domestic violence.